Alex Pascal vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioners are the accused Nos.3, 7, 6 and 8 in Crime No.675/2022 of Melukavu Police Station, Kottayam District. The offences alleged against the petitioners are under Sections 120B, 452, 436, 427, 506(i) 212 and Section 109 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, petitioners along with 4 others attacked the defacto complainant on 16.07.2022 and destroyed two vehicles causing damage of about Rs.2 lakhs and thereby committed the offences alleged.

Sri.Sachin Ramesh, learned Counsel for the petitioners contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that 1st and 2nd petitioners were arrested on 08.08.2022 while the 3rd petitioner was arrested on 27.07.2022 and the 4th petitioner on 11.08.2022

Smt.M.K.Pushpalatha, learned Public Prosecutor opposed the grant of bail and submitted that petitioners are involved in several crimes and that releasing them on bail would cause prejudice to the prosecution. It was also submitted that the final report has been filed on 20.09.2022.

I have considered the rival contentions.

Considering the period of detention already undergone by the petitioners and the filing of final report, I am of the view that the continued detention of the petitioners are not essential and the petitioners can be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall co-operate with the trial of the case.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they attempt to tamper with the evidence.

(e) Petitioners shall not commit any similar offences while they are on bail.

(f) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.